Agreement to sell -- Suit for specific performance - Vendor was to execute sale deed after decision of a suit in his favour filed by his brother and sister - Suit decided in favour of vendor but vendee not informed - Vendee knowing about decision of suit and approaching vendor for execution of sale deed - Failure of vendor to perform his part of agreement - Held, delay..........
Agreement to sell -- Suit for specific performance - Time is not essence of contract unless specifically provided - Mutation in favour of vendor sanctioned but notice thereof not given to vendee though required under agreement - Vendor also not calling upon vendee to get sale deed executed - Conduct of vendor shows that according to him time was not essence of the..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - No specific date fixed for execution of sale deed but the same was to be executed within six months of sanctioning of mutation in favour of vendor - Limitation would commence from date of sanction of mutation...........
Housing -- Plot allotment - Non-delivery of possession - Allotment was made in 1975 - Registration of sale deed was done in 1988 - Despite payment of the entire price of the plot, possession not delivered to the complainant - Contention of the Respondents that the possession could not be delivered by it on account of the stay order of the High Court and pendency of Writ..........
Sale deed -- Conflict in description and measurement - Held, when there is dispute between description and measurements it is the former which prevails...........
Hindu Minority and Guardianship Act, 1956, Section 11, 12 -- De facto guardian - Sale of property of minor by sister acting as de facto guardian - Sale is in contravention of S.11 of the Act - Sale is per se invalid - Transferee of such a sale does not acquire any interest in property - Invalid transfer is not required to be set aside by filing suit - Minor on attaining..........
Housing -- Delay in finalization of the cost - Demand of increase in cost of land - Deficiency in service - Respondent-Board finalising the cost of the house after nearly sixteen years from the date of handing over its possession to the Appellant-Complainant whereas the agreement stipulating a period of one year for the same - Further, Respondents demanding increase in..........
Rent and Eviction -- Tenant resisted eviction on basis of agreement of sale executed by landlord with partnership firm of which he is one of the partners - Tenant however not able to project himself as partner of firm nor as transferee of agreement - Tenant cannot claim all rights of firm - Tenancy rights are available to the tenant individually over which the partnership..........
Agreement to sell -- Suit for specific performance - Relief of specific performance - Ready and willing - Plaintiff not able to prove that he was always ready and willing to perform his part of the contract - Plaintiff not able to prove that he was ready with the money on 11.6.1990 the day the sale deed was to be executed - Offer of defendant to execute sale deed if money..........
Agreement to sell -- Suit for specific performance - Reasonable time - Meaning - Time essence of the contract - In the case of sale of immovable property there is no presumption as to time being the essence of the contract - Even if it is not of the essence of contract, Court may infer that it is to be performed in a reasonable time - Meaning of term `Reasonable time'..........
